beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On February 4, 2015, the Defendant was sentenced to five years of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the Vice-Support of the Incheon District Court on February 4, 2015, and completed the execution of the sentence in the Western District Office of the Red Prison on January 24, 2020.
【Criminal Facts】
1. At around 21:55 on June 17, 2020, the Defendant stolen the victim’s cash amounting to KRW 5,000 and a credit card card of the national bank, which are owned by the victim C at a “D” restaurant operated by the victim C, which is located on the table.
2. On June 18, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act, at around 10:44 on June 18, 2020, by deceiving the victim G, who was a salesperson, by means of driving at the mobile-type F, which was located in front of the Gyeonggi-si, Gyeonggi-si, as described in paragraph (1) above, as if the Defendant was a legitimate holder of the national bank’s credit card that was stolen, and by settling the amount of KRW 5,600 with the above card, by inducing the victim to pay the amount of KRW 5,600,00 with the above card, received one drinking water from the victim and illegally used the stolen credit card from the victim, from that time, up to 11:07 of the same day, by deceiving the victims by the same method, as in the list of crimes, and by denying the stolen credit card.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of C, G, H, and I;
1. Photographss, etc., receipts, CCTV images, receipts (F), and receipts;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the facts constituting repeated crimes of a suspect), application of statutes on judgment;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (with regard to illegal use of credit card), and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes: